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Client switched from F-1 Visa to O-1 visa in Sept of 2015.

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FOR LANEClient switched from F-1...
FOR LANEClient switched from F-1 Visa to O-1 visa in Sept of 2015. For past four years she has filed as a resident 1040. Does she still file the same way?
Submitted: 1 year ago.Category: Tax
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7/14/2016
Tax Professional: Expert_James,
 replied 1 year ago
Expert_James
Category: Tax
Satisfied Customers: 12,608
Verified

I am not familiar with a Lane in the immigration category. Have you worked with this person on immigration matters?

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 1 year ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 13,242
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified

Hi,

...

Sorry, was in a meeting.

...

Yes, anyone that is a tax resident (and O status wouldn't change this) by virtue of substantial presence (which the cient certainly passes) ... along with US citizens and green card holders, file a 1040.

...

let me know if you have questions

...

Lane

..

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 1 year ago

Just for a little context: (I'll underline the pertinent part)

...

Resident Alien or Non-Resident Alien for Tax Purposes

The Substantial Presence Test

A resident alien for tax purposes is a person who is a U.S. citizen or a foreign national who meets either the “green card” or “substantial presence” test as described in IRS Publication 519, U.S. Tax Guide for Aliens.

In general:

  • F and J student visa holders are considered resident aliens after five calendar years in the U.S.
  • J researchers and professors are considered resident aliens after two calendar years in the U.S.
  • H-1, TN, and O-1 visa holders are considered resident aliens once they meet the “substantial presence” test.
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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 1 year ago

Good to hear from you, Russ.

...

Let me know if you have questions

...

Lane

...

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 1 year ago

Hi,

...

I’m just checking back in to see how things are going.

...

Did my answer help?

...

Let me know…

...

Thanks

Lane

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Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 13,242
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Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986

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